The Wise Report
August 31, 2013
Henry M. Wise, P.G.
The Texas Board of Professional Geoscientists (TBPG) has proposed four amendments their rules in order to implement the requirements of Senate Bill 138, which was passed in the recent legislative session. These amendments are:
- 850.62, regarding the general powers and duties of the Board, to include that the TBPG shall work with other state agencies that use the services of a person licensed by the TBPG to educate agency employees regarding the procedures by which complaints are filed with and resolved by TBPG, as required by Senate Bill 138.
- 851.10, regarding Definitions, removes language that the TBPG maintains jurisdiction over a license, certification, or registration as long as the license, certification, or registration is renewable. It removes the sentence from this section and relocates it to section 851.101, where it was considered to be a more appropriate location.
- 851.157, regarding Compliance and Enforcement, to provide that a state agency or a state employee who becomes aware of a potential violation of the Act or a rule adopted by the Board may fulfill the requirements of the Act by submitting a formal complaint with the Board or providing the information relating to the potential violation in writing to TBPG staff. Proposed amendments to 851.157 also provide that information provided by a state agency that is privileged or confidential remains privileged or confidential following receipt by the Board; that complaints must be submitted to the authorized deputy to the Secretary-Treasurer, and that the Board shall accept a complaint regardless of whether the complaint is notarized; and that information that is submitted to the Board that has not been filed as a complaint is not confidential. Once the received information becomes part of the complaint record, confidentiality provisions under the Texas Occupations Code 1002.202 will also apply.
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The TBPG has adopted four amendments, effective October 1, 2013. They are:
- 851.20, regarding the P.G. Licensing Requirements and Application Procedure, removes language from this section and incorporates the removed language into section 851.28, regarding P.G. License Renewal and Reinstatement. It clarifies the language and process by which a P.G. license is renewed, is eligible to be renewed for up to three years after the license is expired, that the first renewal of a P.G. license will be prorated to correspond with the license holder's birth month, and specifies that a P.G. license that is renewed more than sixty days after its expiration date will incur a late penalty fee.
- 851.32, regarding the Continuing Education Program, the amendment clarifies the continuing education requirements for a license that has been renewed for less than one year.
- 851.156, regarding a P.G. seal, the amendment clarifies the P.G. seal requirement regarding the use of an electronically-generated seal.
For more information go to: http://www.sos.state.tx.us/texreg/sos/Adopted%20Rules/22.EXAMINING%20BOARDS.html#182
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The Texas Commission on Environmental Quality (TCEQ) has proposed rulemaking that would provide a periodic public review and revision of the State's surface water quality standards, as provided for in Section 26.023 of the Texas Water Code, and as required by Section 303(c) of the Federal Clean Water Act. Specific proposed changes to the rules include:
- revisions to statewide toxic criteria to incorporate new data on toxicity effects, in order to address revised Texas Commission on Environmental Quality (TCEQ) and EPA procedures;
- additions and revisions to site-specific toxic criteria to incorporate local water quality data into criteria for selected water bodies;
- addition of industrial cooling areas and revisions to mixing zone provisions to facilitate implementation of thermal water quality standards in wastewater permitting;
- numerous revisions and additions to the uses and criteria, and descriptions of individual water bodies, to incorporate new data and the results of recent use attainability analyses (UAAs); and
- addition of site-specific recreational uses for selected water bodies, to incorporateresults of recent recreational UAAs.
For more information go to: http://www.tceq.texas.gov/assets/public/legal/rules/rule_lib/proposals/12001307_pex.pdf or http://www.tceq.texas.gov/assets/public/legal/rules/rule_lib/proposals/12001307_pro.pdf.
Henry M. Wise, P.G.
The Wise Report
8/31/2013